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FACTS <br />The facts set forth in the Motion for Authorization 'to Use <br />Property of the Estate Pursuant to 11 U.S.C. § 363 is <br />incorporz.ted herein by this reference. <br />LEGAL DISCIISSION <br />A. <br />Section 363 of the Bankruptcy Code grants the debtor in <br />possession the right to manage the ongoing affairs of an <br />enterpri:;e operating under the protection of chapter 11. That <br />section F~ermits a debtor to use, sell or lease property in the <br />ordinary course of business. If a debtor proposes to use, sell <br />or lease property outside the ordinary course of business, <br />however, notice and a hearing on the proposal is required. 11 <br />U.S.C. § 363(b). <br />The term "ordinary course of business" is not defined in the <br />Bankruptcy Code, but rather the term has taken shape through <br />judicial interpretation. Most courts have held that the standard <br />of ordinz~ry course of business is fact sensitive but at the same <br />time, courts have developed some guidelines. A good articulation <br />of the guidelines is contained in Burlington Northern Railroad <br />Co. V. Dant & Russell. Inc., 853 F.2d 700 (9th Cir. 1988). In <br />that case, the Ninth Circuit emphasizes what has become known in <br />the case law as the (1) vertical dimension or creditor's <br />expectation test and (2) horizontal dimension test or industry <br />Z <br />